Expected to come into force in October 2026, the new provisions are designed to support trade union engagement with workers by facilitating communication, recruitment, representation and collective bargaining activities. For employers, particularly those with limited experience of union engagement, the changes represent one of the most notable reforms arising from the Act and warrant early consideration and planning.
Currently, trade unions do not have a general freestanding right to access workplaces, and access is usually subject to voluntary agreements with employers or the presence of individual trade union members within a workplace.
Under the new framework, independent trade unions will be able to request access to workplaces for the purpose of meeting workers, recruiting members, providing support and representation, and facilitating collective bargaining. The legislation makes clear, however, that the right of access does not extend to organising industrial action.
Access may take place either physically through attendance at workplace premises or digitally through online communication platforms such as Microsoft Teams or similar systems. The provisions apply to employers with 21 or more workers, with the threshold assessed across the organisation as a whole rather than on a site by site basis.
Trade unions and employers are strongly encouraged to continue using existing voluntary access arrangements. Establishing agreed arrangements in advance may provide greater flexibility and reduce the potential for disputes. ACAS can also assist employers and trade unions in reaching voluntary agreements where appropriate.
Where no voluntary arrangement exists, a trade union may submit a formal written request for access. The request should be made in the prescribed form and should set out the purpose of the access sought, the workers the union wishes to engage with, whether physical or digital access is requested, and the proposed timing and frequency of access. Details pf the relevant union representative and confirmation of the union’s independent status must also be provided.
The proposed framework also includes the following key deadlines:
The employer’s response should indicate whether the request is accepted, partially accepted or rejected. Where objections are raised, employers should clearly explain the reasons for their position. Employers may also be required to disclose whether another trade union is already seeking access or is involved in an ongoing recognition or access process affecting the same workforce.
If access is agreed, employers should provide practical information regarding workplace arrangements, including relevant contacts, site procedures and any operational considerations that may affect access.
If agreement cannot be reached, either party may refer the matter to the CAC. The CAC will determine whether access should be granted and, if so, on what terms. In reaching its decision, the CAC will seek to balance the union’s ability to communicate effectively with workers against the employer’s legitimate operational, security and business concerns. It is anticipated that the CAC will look favourably on reasonable and practical arrangements that facilitate communication while minimising disruption to business operations.
Although the right of access is intended to be broad, certain limitations apply. Employers with fewer than 21 workers will fall outside the scope of the legislation. Access may also be restricted where there are legitimate national security concerns, where criminal investigations could be prejudiced, or where significant health and safety risks exist.
In addition, the CAC may decline an application where another independent trade union is already recognised in respect of the relevant workers, where an existing statutory access agreement already applies, or where a statutory recognition process is currently underway.
The ERA includes a formal enforcement framework to support compliance with agreed access arrangements. If either party breaches an agreement, the CAC may investigate and issue enforcement orders. Complaints generally must be brought within three months of the alleged breach.
The proposed penalty regime is substantial and includes:
When determining the appropriate penalty, the CAC is expected to consider factors such as the seriousness of the breach, its duration, the number of workers affected, and the size and resources of the organisation involved.
In practice, access is expected to be exercised in a way that causes minimal disruption to the employer’s activities. Meetings may take place during breaks, before or after shifts, or virtually.
Employers will be entitled to require union representatives to comply with reasonable workplace rules and procedures, including health and safety requirements, security measures, identification protocols and other site-specific operational standards.
Although the new right of access is not expected to take effect until October 2026, employers should begin preparing well in advance.
The introduction of a statutory trade union right of access represents a significant shift in the employment relations landscape. The reforms are intended to strengthen engagement between trade unions and workers and are likely to result in increased union activity across many sectors. Employers that take proactive steps now to understand the new framework and prepare for its implementation will be better placed to manage access requests, maintain constructive industrial relations and reduce the risk of disputes or enforcement action once the legislation comes into force.
Dawn Robertson, Partner & Accredited Specialist in Employment Law: dro@bto.co.uk / 0131 222 3242
Caitlyn Sinclair, Trainee Solicitor: csi@bto.co.uk / 0141 673 6117
© 2026 BTO Solicitors LLP | V.A.T. No: 260371482 | All rights reserved.
Stay informed
